Mandaviya inaugurates EPFO's first-ever Modernised Digital Pavilion at IITF 2025 (See 'Corp Brief') NHAI takes Initiative to Publish Updates for Underbidding Projects on Website (See 'Corp Brief') India, Russia hold High-Level Interagency Consultations in New Delhi (See 'Corp Brief') Gati Shakti Vishwavidyalaya, DRDO sign MoU to develop Smart Tech Solutions (See 'Corp Brief') Misc - Legal heirs who are guilty of misconduct disentitles them to seek indulgence of Court to condone delay: HC (See 'Legal Desk') India unveils ARKA-GKT1, First Generation Energy-Efficient Edge Silicon Chip (See 'Corp Brief') MSME, KVIC, COIR and NSSH Pavilions inaugurated at Trade Fair (See 'Corp Brief') India highlights Rapid Telecom Transformation; Urges Collaborative Cybersecure Future (See 'Corp Brief') 5 institutes of Ministry of Earth Sciences brought under single umbrella (See 'Corp Brief') From Markets to Monuments: Advancing Clean Toilets and Hygienic Spaces (See 'Corp Brief') Capital Market - Fact that transactions in particular contract were reversed with same counterparty for same quantity of units, indicates prior meeting of minds with view to execute reversal trades at pre-determined price: SEBI (See 'Legal Desk') Puri visits Hanwha Ocean's shipbuilding facility in South Korea (See 'Corp Brief') IPR - Mere fact that any mark consists of numbers does not, in itself, make it unregistrable: HC (See 'Legal Desk') IndiaAI Zone unveiled showcasing India's Journey from Action to Impact (See 'Corp Brief') IPR - Counterfeiting not only harms brand reputation but also misleads consumers, making strict legal action necessary to deter such unlawful practices: HC (See 'Legal Desk') Puri holds Shipbuilding Meetings to boost India's Maritime Vision (See 'Corp Brief') Company Law - Company can prosecute any of its officers and when any officer of Company is to be prosecuted, then Section 439 of Companies Act would not be applicable: HC (See 'Legal Desk') AAI showcases future of Aviation at 44th India International Trade Fair 2025 (See 'Corp Brief') IPR - Mere identity or similarity of mark, of which registration is sought, and earlier mark, is not sufficient as ground to reject registration application: HC (See 'Legal Desk') India-Canada Ministerial Dialogue on Trade and Investment concludes (See 'Corp Brief') Misc - Remedy for recovery of money instituted under Article 226 of Constitution of India is not intended to enable claimant to recover monies, recovery of which by suit is barred by limitation: HC (See 'Legal Desk') Government intervention and Corporate governance (See CORP EINSICHT)

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

TIOL CORP SEARCH

TIOL GROUP WEBSITES